John S. Turay - Page 9




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          was 23 years of age, and we find she lived apart from petitioner            
          in 1995.  She received wages in the amount of $14,697.  She filed           
          an income tax return for the 1995 tax year wherein she claimed a            
          personal exemption for herself and a dependency exemption                   
          deduction for a child whom she classified as a "stepdaughter".              
          Mariatu was not a full-time student as defined by section                   
          151(c)(4) and received wages in excess of the exemption amount              
          for 1995.  Respondent is sustained on this issue.                           
               2.  Filing Status                                                      
               The second issue for decision is whether petitioner is                 
          entitled to head-of-household filing status for the 1995 and 1996           
          tax years.  In order to qualify for head-of-household filing                
          status, petitioner must satisfy the requirements of section 2(b).           
          Pursuant to that section, and as relevant herein, an individual             
          must not be married at the close of the taxable year and must               
          either maintain as his home a household which constitutes for               
          more than one-half of such taxable year the principal place of              
          abode of (1) a child of the taxpayer, or (2) any other person who           
          is a dependent of the taxpayer, if the taxpayer is entitled to a            
          deduction for the taxable year for such person under section 151.           
          See sec. 2(b)(1)(A); Perez v. Commissioner, T.C. Memo. 1998-442.            
               Petitioner's daughter, Mariatu, did not reside with                    
          petitioner during 1995 or 1996.  We have also previously held               
          that petitioner is not entitled to the claimed dependency                   





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